BILL NUMBER: AB 2265	CHAPTERED  09/23/00

	CHAPTER   578
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 22, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   JUNE 14, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   MAY 17, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Aroner
   (Principal coauthor:  Assembly Member Torlakson)
   (Principal coauthor:  Senator Perata)
   (Coauthors:  Assembly Members Alquist, Cedillo, Honda, and
Thomson)
   (Coauthors:  Senators Johnston, Karnette, McPherson, Ortiz, and
Vasconcellos)

                        FEBRUARY 24, 2000

   An act to add and repeal Sections 41329 and 41329.1 of the
Education Code, relating to the West Contra Costa Unified School
District, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2265, Aroner.  West Contra Costa Unified School District.
   Existing law, the Leroy F. Greene School Facilities Act of 1998,
establishes a program for allocation by the State Allocation Board of
state per-pupil funding to school districts for new construction and
modernization of school facilities, including hardship funding and
supplemental funding for site development and acquisition.  Existing
law made the West Contra Costa Unified School District ineligible for
funding until November 4, 1998.
   This bill would appropriate $1,600,000 from the General Fund and
allocate $800,000 of these moneys in the 2000-01 fiscal year, and
appropriate $800,000 annually thereafter, to the Superintendent of
Public Instruction for allocation to the West Contra Costa Unified
School District for projects that would otherwise have been eligible
for state funding, between 1993 and 1998, inclusive, and would limit
the amount of funds allocated to the school district to the amount
that it otherwise would have been entitled to, plus interest.  The
bill would authorize use of those funds for any discretionary school
district purpose.  This bill would make these provisions inoperative
on July 1, 2005, and repeal them on January 1, 2006.
   This bill imposes a state-mandated local program by requiring the
County Office Fiscal Crisis and Management Assistance Team to conduct
assessments of the West Contra Costa Unified School District and
complete improvement plans in the areas of instruction, finance,
facilities, personnel management, and community relations.  The bill
would allocate the remaining $800,000 of the appropriation to the
County Office Fiscal Crisis and Management Assistance Team for those
purposes.  The bill would require the team to file status reports
every 6 months with various entities, including the Legislature, on
the school district's progress in meeting the recommendations of the
various improvement plans.
   This bill would make certain findings and declarations regarding
the inapplicability of a general statute within the meaning of
Section 16 of Article IV of the California Constitution.
   The funds appropriated by this bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature that the governing
board, staff, and community of the West Contra Costa Unified School
District contribute to and participate in a process to improve the
district's performance in the five major operational areas of pupil
achievement, fiscal management, facilities management, personnel
management, and governance, including community relations.
  SEC. 2.  Section 41329 is added to the Education Code, to read:
   41329.  (a) The sum of one million six hundred thousand dollars
($1,600,000) is hereby appropriated from the General Fund according
to the following schedule:
   (1) Eight hundred thousand dollars ($800,000) to the
Superintendent of Public Instruction for the 2000-01 fiscal year, and
an equal amount, which shall be appropriated annually thereafter,
for allocation to the West Contra Costa Unified School District to
reimburse the district for its inability to participate, between 1993
and 1998, inclusive, in the state school facilities funding program
due to the exclusion contained in Section 17017.1.  The Legislature
finds that the issue of repayment is a matter that is separate and
apart from the issue of access to adequate school facilities for
pupils of the school district and that West Contra Costa Unified
School District should not be prevented from sharing in those funds.

   (2) Eight hundred thousand dollars ($800,000) to be paid by the
Controller directly to the Kern County Office of Education for the
exclusive use by the County Office Fiscal Crisis and Management
Assistance Team for the purposes of conducting the assessments and
completing the improvement plans specified in Section 41329.1.
   (b) Funds allocated to the school district by the Superintendent
of Public Instruction pursuant to paragraph (1) of subdivision (a)
shall not exceed the total school district modernization project
eligibility for the period of time between 1993 and 1998, inclusive,
for which the school district did not realize state funding
assistance and to which it would otherwise have been entitled but for
the statutory exclusion, plus interest at the rate of 1 percent less
than the rate earned on the current Pooled Money Investment Account.

   (c) Because the school district was forced to rely fully on
operating and other local discretionary funds to resolve many of its
school facilities needs during the period of time in question, funds
received pursuant to paragraph (1) of subdivision (a) may be used by
the school district for any discretionary school district purpose.
   (d) As a condition of receiving funds pursuant to this section,
the West Contra Costa Unified School District shall agree to
cooperate with the County Office Fiscal Crisis and Management
Assistance Team in the fulfillment of the team's responsibilities
pursuant to Section 41329.1.
  (e) This section shall become inoperative on July 1, 2005, and, as
of January 1, 2006, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2006, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 3.  Section 41329.1 is added to the Education Code, to read:
   41329.1.  (a) The County Office Fiscal Crisis and Management
Assistance Team shall conduct comprehensive assessments and shall
complete, by July 1, 2001, the following improvement plans for the
West Contra Costa Unified School District:
   (1) An instructional improvement plan that includes special
education and programs for English language learners and is
consistent with the financial improvement plan required by paragraph
(2).  The plan shall specify pupil outcomes that reflect significant
improvement in pupil achievement, particularly in the areas of
reading, writing, and mathematics.  Among the areas addressed by the
plan shall be the alignment between the written, taught, and tested
curriculum consistent with the state's adopted instructional
standards.  Included in the plan shall be a clear link between
professional development for all instructional staff consistent with
pupil achievement objectives.
   (2) A financial improvement plan that is consistent with the
instructional improvement plan required by paragraph (1) and that
includes the current and future projected solvency and fiscal
integrity of the school district.  The financial improvement plan
shall also include, but not be limited to, specific strategies for
developing a loan repayment plan to fully extinguish the balance on
state loans provided to the district and for improving the following:

   (A) Management information systems.
   (B) Accounting and internal control procedures.
   (C) Attendance accounting procedures.
   (3) A facilities improvement plan that shall be consistent with
the financial improvement plan required by paragraph (2), and that
includes, but is not limited to, specific strategies for improving
the following:
   (A) Protection and safety for pupils, employees, and district
property.
   (B) Ongoing maintenance of district property.
   (C) Management control and procedures for managing all
construction and modernization projects.
   (4) A personnel management improvement plan that is consistent
with the financial improvement plan required by paragraph (2), and
that includes, but is not limited to, specific strategies for
improving the following:
   (A) The recruitment, retention, screening, assessment, and hiring
procedures for all district staff.
   (B) The training of members of the governing board of the school
district in the subjects about which members of the governing board
must have knowledge in order to discharge their duties as board
members effectively.
   (C) The assessment of the administrative practices of the school
district and staff development to ensure that staff have the
knowledge and skills required to manage effectively the educational
programs, finances, safety, and facilities maintenance of the school
district.
   (D) The calculation and maintenance of appropriate and efficient
full-time equivalent staffing rations for all school district staff.

   (E) The governance structure of the school district in relation to
board policy development, operational effectiveness, and
responsiveness to the community.
   (5) A community relations improvement plan that is consistent with
the financial improvement plan required by paragraph (2), and that
includes, but is not limited to, specific strategies for improving
the communication among the governing board, personnel of the school
district, pupils, and parents.
   (b) Beginning on December 1, 2001, and each six months thereafter
until July 1, 2003, County Office Fiscal Crisis and Management
Assistance Team shall file a written status report with the
appropriate fiscal and policy committees of the Legislature,
including any special committees created for the purpose of reviewing
the reports, and with the governing board of the school district,
the Superintendent of Public Instruction, the Director of Finance,
and the Secretary for Education.  The reports shall include the
progress that the West Contra Costa Unified School District is making
in meeting the recommendations of the improvement plans developed
pursuant to subdivision (a).
   (c) County Office Fiscal Crisis and Management Assistance Team
shall provide to the Controller an accounting of expenditures made by
it pursuant to the requirements of this act.
  (d) This section shall remain in effect only until January 1, 2004,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2004, deletes or extends that date.

  SEC. 4.  Due to the unique circumstances concerning the impact that
the West Contra Costa Unified School District emergency had upon its
subsequent inability to participate in state funding for school
facilities, it is necessary that special funding provision be
enacted, and the Legislature finds and declares that a general
statute cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
